The document is an opposition to a petition to compel arbitration. It argues that the arbitration agreement should not be enforced for two reasons: 1) the agreement is invalid due to fraud, duress or unconscionability, and 2) the petitioner waived their right to arbitration by unreasonably delaying in seeking arbitration. The opposition requests that the court deny the petition to compel arbitration based on the arguments in the opposition, an accompanying memorandum, and evidence submitted.

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OPPOSITION TO PETITION TO COMPEL ARBITRATION
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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendants, and DOES 1-5, inclusive,
Defendants.
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Case No.
OPPOSITION TO MOTION TO
PETITION TO COMPEL ARBITRATION;
SUMMONS; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF __________,
EXHIBITS
DATE:
TIME:
DEPT:
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OPPOSITION TO PETITION TO COMPEL ARBITRATION
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Be sure to remove this notice and all other notices before using
this document.
Plaintiff, _____________________________________ herein submits its opposition to
Defendants ________________________ petition to compel arbitration on the grounds that:
1. The alleged agreement to arbitrate should not be enforced as the law in California
states that an agreement to arbitrate can be invalidated, “upon such grounds as exist for the revocation
of any contract.” See Code of Civil Procedure § 1281. The agreement to arbitrate should be
invalidated and not enforced due to LIST HERE THE SPECIFIC DETAILS AS TO WHY THE
ARBITRATION AGREEMENT SHOULD NOT BE ENFORCED SUCH AS FRAUD,
DURESS, UNCONSCIONABILITY, ONE-SIDED CONTRACT OF ADHESION, ETC.
2. The petition should be denied as Petitioner has waived their right to arbitrate in that
CHOOSE ONE OR MORE OF THE EXAMPLES SHOWN BELOW AND INCLUDE SOME
SUPPORTING FACTS
Previously taken steps inconsistent with an intent to invoke arbitration;
Unreasonably delayed seeking arbitration;
Acted in bad faith or with wilful misconduct;
Invoked the litigation machinery so substantially that the parties were well into preparation of
a lawsuit before the moving party notified the opposing party of an intent to arbitrate;
Either requested arbitration enforcement close to the trial date or delayed for a long period
before seeking a stay;
Filed a counterclaim without asking for a stay of the proceedings;
Taken important intervening steps, such as one party’s taking advantage of the judicial
discovery procedures not available in arbitration; or

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OPPOSITION TO PETITION TO COMPEL ARBITRATION
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Delayed the demand for arbitration in a way that affected, misled or prejudiced the opposing
party.
Modify the wording here to fit your particular situation. Do NOT
just use the wording in this paragraph unless it definitely applies to
your situation.
The opposition shall be based on this opposition, the attached memorandum of points and
authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
records of this action, and on such other oral and/or documentary evidence as may be presented at the
hearing on the motion.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that YOUR OPPOSITION
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT
DAYS BEFORE THE HEARING. Court days means Monday through
Friday, except for Court holidays. You should serve your opposition by
personal delivery or overnight mail. See Code of Civil Procedure
Section 1005 for more details.

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OPPOSITION TO PETITION TO COMPEL ARBITRATION
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TABLE OF CONTENTS
Page
I. STATEMENT OF FACTS……………………………………………………………….........8
II. ARGUMENT……………………………………………………………………………….…8
A. CALIFORNIA LAW PROVIDES THAT AN ARBITRATION AGREEMENT CAN
BE INVALIDATED UPON SUCH GROUNDS AS EXIST FOR THE
REVOCATION OF ANY CONTRACT. THE ARIBTRATION AGREEMENT
SHOULD BE INVALIDATED AND NOT ENFORCED DUE TO FRAUD, DURESS
OR UNCONSCIONABILITY ………………………………………………………...8
B. THE PEITITON TO COMPEL ARBITRATION SHOULD BE DENIED AS THE
PETITIONER HAS WAIVED THE RIGHT TO ARBITRATION AS THEY HAVE
UNREASONABLY DELAYED IN SEEKING ARBITRATION …………………11
III. CONCLUSION……………………………………………………………………………...15
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